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(영문) 창원지방법원 마산지원 2015.05.20 2014고단1180
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the actual operator and the user of D Co., Ltd., Ltd., a steel-based manufacturing company in Haak-gun, Hanam-gun.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant worked as an employee from October 15, 2012 to August 1, 2014 at the same place of business and did not pay 12,016,244 won in aggregate of wages, etc. (i.e., wages of 1,887,80 won in June 2014, wages of 25,560 won in July 2014, and bonuses of 29,200 won in June 2014, and did not pay 2,212,560 won in aggregate of wages, etc., of 3,6,12,37, and 38 as indicated in the No. 3,6,244 won in arrears, i.e., wages of 5 employees (i., 2,212,560 won in 2,560 won in 2,491, 270 won in 252,6364, 297, 209

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Nevertheless, the Defendant worked as an employee from October 15, 2012 to August 1, 2014 at the same place of business, and did not pay the retirement allowance of KRW 3,752,370 to E without agreement on the extension of the due date until 14 days have passed from the date of retirement, and did not pay the retirement allowance of KRW 12,961,590 in total to three employees as stated in the No. 3,12,38 of the attached money and valuables in arrears as stated in the No. 3,961,590 (= KRW 3,752,370, KRW 4,165,420, KRW 5,043,80).

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. Each statement of F, G and H prepared by a special judicial police officer;

1. The statement of opinion prepared by the F and the statement of the money and other valuables in arrears attached to each individual (final).

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